adminZvikomborero Parafini
CHIEF Magistrate, Faith Mushure, yesterday dismissed Harare West legislator Joanna Mamombe’s application for discharge at the close of the State’s case.
The magistrate ruled that she has a case to answer.
Mamombe, who is being charged for communicating falsehoods prejudicial to the State, together with youth leader Cecilia Chimbiri, were back in court yesterday.
In dismissing their application, Mushure said the duo must be put to their defence, in order to explain, the issues raised in the State’s case.
“The two are charged with communicating falsehoods prejudicial to the State and it’s alleged that they made false statements to the police claiming that they had been kidnapped.
“The trial commenced on 15 March 2022, with both pleading not guilty, and said that they were stopped on their way from Warren Park.
“They were stopped at a roadblock and two police officers disembarked from the car Mamombe had suspected was trailing them.
“The State led evidence from 10 witnesses, including Tapera Kazomba from Potraz, Godfrey Mangezi from Econet, police officers, Andrew Manongore, a friend of both the accused persons.
“The State bears the burden to prove its case against the accused persons and, for a conviction to ensue, the State must lead reasonable sufficient evidence for a court acting reasonably to convict the accused persons.
“Any person who communicates a false message that may cause disorder and chaos shall be guilty of committing an offence.
“The defence has advanced that the charges are defective, they are entitled to their opinion.
“It cannot be said the evidence led doesn’t support the charge as there is evidence to prove that they made a report to the police, after five days.
“But, looking at their phone activity, that was false.
“The court will not analyse the probative value of the evidence led, how do they explain the activity of their phone during the alleged time, if they weren’t using their phones, who was?
“The application for discharge is dismissed.”
The duo will be back in court on September 15 for commencement of their defence case.
Micheal Reza appeared for the State.
Mathew Masinge
Online Reporter